Transcript:

Certainly, when you’re dealing with DWI one of the key components is intoxication. So the question was did you intentionally intoxicate yourself or was there some sort of involuntary circumstance or the defense being involuntary intoxication. Sometimes persons may be taking medication and not willfully know that they are intoxicating themselves because of completely legal behavior. So that’s always something that needs to be covered. The idea of having a blood alcohol level of above or a .08 or above that needs to be explored as well. Intoxication or behavior or intoxication is kind of a subjective determination. If you’re just talking about a person the way they’re behaving one person may behave differently than another.

A person’s balance may be completely different than another that has nothing to do with the actual introduction of alcohol into your system. So I think the big litmus test nowadays in the modern era at least the past five years is the advent of blood search warrants or moving away from breath test to blood test. And the idea that a definitive of chemistry analysis of a person’s blood is going to show definitively if that person is breaking the law or not. But there’s a whole, whole vast array of circumstances about the circumstances of that so called chemical analysis that needs to be explored before you can determine if they were actually intoxicated or not.